Do ministries or regulatory agencies develop forward regulatory plans – that is, a public list of anticipated regulatory changes or proposals intended to be adopted/implemented within a specified time frame?
No
Are these plans available to general public?
No
Do ministries or regulatory agencies publish the text or summary of proposed (not yet adopted) regulations before their enactment?
Yes, in some ministries/regulatory agencies only
Some ministries are more engaged in civil society/private sector feedback than others.
Where is the draft text or summary published?
Directly distributed to interested stakeholders.
Occasionally through the Consultative Implementation & Monitoring Council (CIMC) or stakeholder’s committees. It is distributed to the membership of various sector committees such as Transport & Infrastructure and Agriculture.
Occasionally, proposed regulations are published in a daily newspaper that has nationwide circulation, e.g., Constitutional amendments (for instance, the amendments relating to the Independent Commission Against Corruption and Citizenship). Bills or proposed regulations to be passed by the National Parliament are also available from the National Parliament's Library and/or the Bill & Papers Office on request.
Do ministries or regulatory agencies have the legal obligation to publish the text of proposed regulations before their enactment?
No
Is the entire text of the proposed draft published?
Yes, in some ministries/regulatory agencies only
Sometimes the entire draft may be provided by the Ministry, or by CLRC (e.g. the recent legislation on protected areas, or family protection legislation), in other cases nothing is released until it is already passed as Law (e.g. budget legislation in 2015).
Is there a period of time set by law for the text of the proposed regulations to be publicly available?
No
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Do ministries or regulatory agencies solicit comments on proposed (not yet adopted) regulations from the general public?
Yes, in some ministries/regulatory agencies only
How are the comments received?
Through public meetings; through targeted outreach to stakeholders, such as business associations or other groups; through email; through social media...
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Through public meetings; through targeted outreach to stakeholders, such as business associations or other groups; through email; through social media; through mail/courier.
The consultations are sometimes undertaken by specific bodies, such as CLRC, or ministries, or more often by consultative bodies, such as CIMC and EITI, albeit with funding contribution from Government, or sometimes from development partners.
Usually the network of the consultation organization (notably CIMC), although CIMC also routinely advertises consultations, or the membership of private sector or other membership organizations.
Are received comments publicly accessible?
No
Generally no, but occasionally accessible when provided through organizations like CLRC (Constitutional and Law Reform Commission) or CIMC
Is the rulemaking body required by law to solicit these comments on proposed regulations?
No
Is there a specialized government body or department tasked with soliciting and receiving these comments?
Yes
Consultative Implementation & Monitoring Council (CIMC)
Do ministries or regulatory agencies report on the results of the consultation on proposed regulations?
No
How does the government report on the results of the consultation?
n/a
Where does the government report on the results of the consultation?
n/a
Is reporting on the results of the consultation required by law?
No
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Do ministries or regulatory agencies conduct an impact assessment of proposed (not yet adopted) regulations?
No
Are there criteria used for determining which proposed regulations are subjected to an impact assessment?
No
Are there any specific regulatory impact assessment guidelines?
No
Are impact assessments required by law?
No
Are impact assessment made publicly available?
No
How is this assessment distributed?
n/a
When is this assessment distributed?
n/a
Is there an obligation for regulators to consider alternatives to proposed regulation?
No
Is there a specialized government body tasked with reviewing and monitoring regulatory impact assessments conducted by other individual agencies or government bodies?
No
Please provide the name of this government body, and explain its functions.
n/a
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Are the laws that are currently in effect available in a single place?
Yes
How are the laws that are in force accessed?
On a unified website managed by the government On a unified website managed by the private sector
Are the secondary regulations that are currently in effect codified and available in a single place?
Yes
Are these websites or registries updated regularly?
No
Can these websites or registries be accessed by the public free of charge?
Yes
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Do ministries or regulatory agencies conduct ex-post reviews?
Yes, in some ministries/regulatory agencies only
The Department of Justice, and relevant ministries undertake some adhoc reviews. CLRC may undertake more systematic review, subject to the limits of its resources.
Are there any criteria for which regulations are subject to ex-post reviews?
No
What specific approaches are used by your government?
Ad-hoc reviews
Are ex-post reviews required by law?
No
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Can affected parties request reconsideration or appeal adopted regulations to the relevant administrative agency?
n/a
When appealing against adverse regulatory decisions, which options are typically available to affected parties?
n/a
Is there any existing requirement that regulations be periodically reviewed to see whether they are still needed or should be revised?